SB965: Criminal cases; increases compensation of experts.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-175 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-175. Compensation of experts.
Each psychiatrist, clinical psychologist or other expert
appointed by the court to render professional service pursuant to §§
19.2-168.1, 19.2-169.1, 19.2-169.5, subsection A of § 19.2-176, §§ 19.2-182.8,
19.2-182.9, 19.2-264.3:1, 19.2-264.3:3 or § 19.2-301, who is not regularly
employed by the Commonwealth of Virginia except by the University of Virginia
School of Medicine and the Medical College of Virginia Commonwealth University,
shall receive a reasonable fee for such service. For any psychiatrist, clinical
psychologist, or other expert appointed by the court to render such
professional services who is regularly employed by the Commonwealth of
Virginia, except by the University of Virginia School of Medicine or the
Medical College of Virginia Commonwealth University, the fee shall be paid only
for professional services provided during nonstate hours that have been
approved by his employing agency as being beyond the scope of his state
employment duties. The fee shall be determined in each instance by the court that
appointed the expert, in accordance with guidelines established by the Supreme
Court after consultation with the Department of Mental Health, Mental
Retardation and Substance Abuse Services. Except in capital murder cases the
fee shall not exceed $400 $750,
but in addition if any such expert is required to appear as a witness in any
hearing held pursuant to such sections, he shall receive mileage and a fee of
$100 for each day during which he is required so to serve. An itemized account
of expense, duly sworn to, must be presented to the court, and when allowed
shall be certified to the Supreme Court for payment out of the state treasury,
and be charged against the appropriations made to pay criminal charges.
Allowance for the fee and for the per diem authorized shall also be made by
order of the court, duly certified to the Supreme Court for payment out of the
appropriation to pay criminal charges.